Barber v. State’s Empirical Analysis

Citation profile

21 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “of the person so that an arrest or unlawful detention has occurred. - The test for determining whether a person has been”

   2 later decisions quote this exact passage
   e.g. State v. Thrall · Dillon v. State

2. ““Were it not for defendant Barber’s previous experience with law enforcement * * *, we would be drawn to an opposite result in this case. * * * We will not compromise the integrity of our court by allowing ‘law enforcement to violate the Fourth Amendment with impunity, safe in the knowledge that they could wash their hands in the “procedural safeguards” of the Fifth.’ However, we find sufficient evidence in the record to support the trial court’s finding that the defendant did not believe he was under arrest or otherwise not free to terminate his encounter with the police in this case.” Barber, supra at 567 .”

   1 later decision quote this exact passage
   e.g. Triplett v. State

3. “Barber had previously been arrested twice. He testified that each time he was arrested he was told he was under arrest, handcuffed, and physically placed in the rear seat of a police car. But when [Ojfficer Sorrell drove Barber to the police station to talk to Captain Mowery, the defendant rode in the front seat of the squad car without handcuffs. Sorrell was the only officer in the automobile. The police never touched the defendant’s person. Defendant Barber also knew [Ojfficer Mowery and had provided him with information about a crime on a previous occasion.”

   1 later decision quote this exact passage
   e.g. D.Y. v. State of Indiana